Back/Neck Injuries

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Specific Injury

Case Cite

Plaintiff Age

Damage Award

Amount Reviewed

Amount Upheld

Exacerbation of pre-existing "essential tremors" and severe headaches

Bartlett v. Snappy Car Rental, Inc., 214 A.d.2d 596 (2d Dept. 1995)

59

*Past Pain and Suffering (7 Years, 2 Months)

$185,000

$185,000

*Future Pain and Suffering

$350,000

$350,000

Cervical & lumbar derangement with radiculopathy

Burney v. Rabba, 66 A.D.2d 174 (2d Dept.1999)

26

*Past Pain and Suffering

$150,000

$150,000

Injuries from spinal tap including bilateral hypoxic encephalopathy, spastic quadriplegia and mental retardation

Cabrera v. New York City Health and Hospital, 708 N.Y.s.2d 429 (2d Dept. 2000)

8 Months

*Past Pain and Suffering

$200,000

$200,000

*Future Pain and Suffering

$950,260

$950,260

Neck and Spine fractures

Cruz v. Bridge Harbor Heights Association, 710 N.Y.S.2d 361 (1st Dept. 2000)

32

*Future Pain and Suffering

$2,000,000

$1,500,000

Head and Back pain, soft tissue damage

Govan v. Ft. Sheri Realty Co., 700 N.Y.S.2d 3 (1st Dept. 1999)

42

*Past Pain and Suffering

$300,000

$300,000

*Future Pain and Suffering

$250,000

Herniated Disc

Jordan v. Donat, 255 A.D.2d 242 (1st Dept. 1998)

31

*Future Pain and Suffering

$175,000

$175,000

Herniated Discs, back and spine injuries

Pasquerella v. Pisani, 702 N.Y.S.2d 922 (2d Dept. 1998)

58

*Past Pain and Suffering

$25,000

$25,000

*Future Pain and Suffering

$50,000

$50,000

Herniated Disc

Rountree v. Manhattan & Bronx Surface Transit Operating Authority, 261 A.D.2d 324 (1st Dept. 1999)

49

*Past Pain and Suffering (5 Years)

$450,000

$450,000

*Future Pain and Suffering

$300,000

$300,000

Herniated Disc

Skow v. Jones, Lang & Wooton Corp., 657 N.Y.S.2d 1st Dept. 1997)

35

*Past Pain and Suffering

$10,000

$175,000

*Future Pain and Suffering

$7,000

$125,000

Cervical/lumbar strain

Stone v. Hidle, 266 A.D.2d 705 (2d Dept. 1999)

49

*Past Pain and Suffering (4 Years, 7 Months)

$40,000

$40,000

*Future Pain and Suffering

$60,000

$60,000

Bulging Disc

Tariq v. Miller, 657 N.Y.S.2d 769 (2d Dept. 1997)

35

*Past Pain and Suffering (7 Years)

$200,000

$60,000

*Future Pain and Suffering

$200,000

$90,000

Fractured cervical and thoracic vertebrae

Tuitt v. Midwood auto Rental, 703 N.Y.s.2d 728 (2d Dept. 1998)

48

*Past Pain and Suffering

$575,000

$575,000

*Future Pain and Suffering

$500,000

$500,000

*Past Loss of Services

$10,000

$10,000

*Future Loss of Services

$10,000

$10,000

Herniated Disc

Walsh v. Kings Plaza Replacement Service, 658 N.Y.S.2d 345 (2d Dept. 1997)

30

*Past Pain and Suffering

$100,000

$40,000

*Future Pan and Suffering

$300,000

$60,000

Plaintiff fell 12feet from scaffolding Bulging discs with desiccation in neck area, bulging discs in back and stenosis between 5th lumbosacral vertebra and 1st sacral vertebra; fractured ribs; herniated discs; impingement of spinal cord in cervical spineSurgeries:(1)Fusion surgery - fusion at C-5 level (2)Spinal surgery - fusion at L5-S1 level

*Will undergo 2nd major neck fusion surgery within next 5yrs

*and 2nd major fusion to lower back within 5yrs

Barrowman v. Niagara Mohawk Power Corp., 252 A.D.2d 946 (4th Dep't. 1998)

41

Past Pain & Suffering for 4 years & 1 month

$1,000,000

$ 1,000,000

Future Pain & Suffering for 30 years

$2,000,000

$2,000,000

Quadriplegic

Brown v. City of New York, 275 A.D.2d 726 (2nd Dep't. 2000)

27

Past Pain and Suffering for 5 years & 11months

$3,000,000

$1,000,000

Future Pain and Suffering for 36.8 years

$7,000,000

$3,000,000

Comminuted fracture of pelvis.Comminuted fracture of right clavicle.Traumatic lumbosacral myofascitis with derangement and left radiculopathy.

Gonzalez v. Elrac Inc., 291 A.D.2d 332 (2nd Dept. 2002)

59

Past Pain and Suffering for 2 years, 9 months & 16 days

$ 250,000

$250,000

Future Pain and Suffering for 21.5 years

$850,000

$850,000

Herniated disc at L-4 and L-5 with nerve impingement that required a Laminectomy. Recurrent herniated disc at L-5 that required a second Laminectomy.

Gonzalez v. Rosenberg,247 A.D.2d 337 (1st Dep't. 1998)

30

Past Pain and Suffering for 4 years and 3 months

$750,000

$750,000

Future Pain and Suffering for 10 years or life, whichever is shorter

$750,000

$750,000

Four required surgeries: (1) double cervical discectomy and fusion with bone grafts using an anterior approach (2) bilateral laminectomy at the L2-L3 level to remove disc material impinging upon spinal nerves (3) thoracic outlet release, where surgeon removed a rib to provide more mobility (4) lumbar spinal fusion

Heller v. 83rd Street Investors, 228 A.D.2d 371 (1st Dep't. 1996)

49

Past Pain & Suffering for 8 years & 5 months

$228,000

$228,000

Future Pain & Suffering for 20 years

$750,000

$750,000

Bilateral fracture of the pelvis, multiple fractures of the vertebrae and ribs, laceration and avulsion of the peritoneum and perirectal muscle resulting in permanent fecal incontinence and requiring four major surgeries: (1) exploratory laporatomy of the abdomen with dissection of the sigmoid colon, groin and pelvis (2) partial excision of the sacrum (3) reconstruction of the vaginal wall and vulva, repair and reconstruction of the rectal, and reconstruction of the peritoneum, and (4) debridement of the neurotic tissue of the buttocks.

Lind v. City of New York, 270 A.D.2d 315 (2nd Dep't. 2000)

42

Past Pain & Suffering for 14 years & 7 months

$7,5000,000

$1,500,000

Future Pain & Suffering for 29 years

$5,000,000

$1,250,000

Multiple comminuted fractured pelvis, of left and right superior and inferior ramus. Retro peritoneal hematoma and bruised viscera. Sacroiliac joint healed asymmetrically.*No future surgery required

Lopiano v. Baldwin Transportation, 248 A.D.2d 161 (1st Dep't. 1998)

Past Pain & Suffering for 2 months & 22 days

$150,000

$750,000

Future Pain & Suffering for 29 years

$400,000

$1,600,000

Compression fracture of the vertebrae at the L-1 level. Radiculopathy with attendant nerve damage at the L-5/S-1 level. Exacerbation of pre-existing conditions (degenerative joint disease and spondylolisthesis).

Soto v. Elrac, 291 A.D.2d 332 (2nd Dep't. 2002)

82

Past Pain and Suffering for 2 years, 9 months & 16 days

$175,000

$175,000

Future Pain and Suffering for 7.1 years

$285,000

$285,000